Pablo Simental, Jr. and three friends — all of whom were high school students — were walking towards the Wonderful College Prep Academy on their way to pick up prom passes when a police car pulled aside them as they walked. Although they were not told to stop, an officer began asking them questions. Some of the students asserted the right to remain silent and objected to the questioning, saying they had done nothing wrong.

The police officers drove away, but when the students continued to cross the street the officers made a sudden U-turn and sped back, halting only a short distance from them. Two of the students began video recording the officers with their cell phones.

One of the officers slapped a phone out of a student’s hand and pulled him to the ground. Another officer tackled one of the other students. Both were handcuffed.

While this was happening, Simental stood to the side with his hands outstretched, not making any threatening gestures. He asked the officers why they were doing this to his friends. At that point an officer ran toward him at speed, body slammed him to the ground, and put on handcuffs so abrasively that Simental suffered pain for days.

Simental was taken to the Delano police station and then Kern County Juvenile Hall where he was imprisoned for about 8 hours before being released. He was not charged.

The false arrest and imprisonment, use of excessive force, and retaliation for exercising First Amendment rights violated not only the U.S. Constitution, but also the California Constitution that protects against unreasonable seizure in the absence of probable cause.

The lawsuit asks that Simental be awarded compensatory and punitive damages.

Date filed

May 18, 2020


United States District Court Eastern District of California



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